What happens after a case is closed?

What happens after a case is closed?

In all cases, the records of the proceedings remain. If the defendant is convicted, his conviction will remain on record unless the court grants a motion to expunge. The legal process beginning with an arrest includes a lot of different steps. But eventually, it will arrive at a point when the judge says “case closed”.

What does bound over mean in legal terms?

Legal Definition of bind over 1 : to put under a bond to do something (as appear in court) under court authority. 2 : to transfer (a case or defendant) to another forum after a finding of probable cause at a preliminary hearing.

What is a bind over charge?

The term “bind over” refers to hold a person for trial on bond (bail) or in jail. If the judicial official who conducts a hearing finds probable cause to believe that the accused committed a crime, then the official will bind over the accused, normally by setting bail for the appearance of the accused at trial.

Is being bound over a criminal Offence?

Binding over orders are a civil disposal available in the Criminal Courts and can, in the right circumstances, provide an effective means of dealing with low-level disorder. In summary, they act as a means of postponing a sentence on conditions.

What does bound over to grand jury mean in Tennessee?

probable cause

How long does it take for a grand jury to decide?

3 to 6 weeks

What does held to state mean in Tennessee?

Held to state means that the State of Tennessee has decided to submit your case to the grand jury, and it is going “upstairs” to Criminal Court.

How much evidence is needed for an indictment?

California — Required number of jurors is 23 in counties with a population exceeding 4 million, 11 in a county with 20,000 or less, and 19 in all other counties; “supermajority” is required for an indictment (eight of 11, 12 of 19, or 14 of 23); standard of proof used for determining probable cause is “preponderance …

What evidence does a grand jury need to indict?

Generally speaking, a grand jury may issue an indictment for a crime, also known as a “true bill,” only if it finds, based upon the evidence that has been presented to it, that there is probable cause to believe that a crime has been committed by a criminal suspect.

Can you be indicted without knowing?

It is possible for you to be charged with a crime without knowing about it. If you are concerned that you may be charged with a crime, an experienced criminal attorney Orange County, CA can determine whether there is an ongoing investigation.

Can a person be forced to testify?

As a general rule, a court can force you to testify after sending you a subpoena informing you what testimony they need. Criminal defendants can never be forced to testify. The witness is married to someone involved in the case: Communication between two spouses is considered privileged by courts.

Can a spouse be forced to testify?

The spousal testimonial privilege (set forth in California Evidence Code sections 970 and 971) means that no one can be forced to testify in court—including in a criminal case—against his or her husband or wife.

What happens if a witness refuses to testify?

If a witness appears in court and refuses to testify, they could be fined, jailed or even charged with a criminal offense. Refusing to testify (criminal contempt) is a misdemeanor, punishable by up to 6 months in jail and a $1,000 fine.

Can you say you don’t remember in court?

Witnesses must testify under oath before many lawyers, with a court reporter transcribing everything they say. Lawyers may also tell witnesses that if they don’t remember certain events, they can simply say “I don’t recall.” In general, such instructions are not improper.

What happens if you don’t want to testify?

If a witness in a criminal case refuses to testify, he or she could be found in contempt of court (Penal Code 166 PC). Being found in contempt of court can result in jail time and/or a fine. But the victim/witness could still be held in contempt and fined per CCP1219.

Can you refuse a subpoena?

How to Protect Your Interests After Getting Served a Subpoena. Don’t ever think you can simply ignore a subpoena. Even if you have a legitimate reason to avoid the subpoena, you need to respond and explain your position. If you ignore the subpoena, you can be held in contempt of court.